Officer describes moments after Ellis shooting

Posted at: 03/12/2013 8:04 PM
Updated at: 03/12/2013 9:07 PM
By: Nikki Ibarra, KOB Eyewitness News 4

The officer who killed an Iraq war veteran is asked the question that’s the core of the case.

Albuquerque Police Detective Brett Lampiris-Tremba admitted Tuesday he made mistakes the day he killed Kenneth Ellis.

Officer Lampiris-Tremba seemed nervous on the stand inside District Court. He talked about mistakes he made the day of the shooting. But it was the prosecution’s last question that probably had the most impact Tuesday.

“Are you aware that you shouldn’t have shot him right away sitting there?” asked Joe Kennedy, the plaintiff’s attorney.

“Yes sir. I’m aware of the court’s ruling,” said Officer Lampiris-Tremba.

On the stand, Officer Lampiris-Tremba  admitted that not everything went the way it was supposed to the day he shot Iraq war veteran Kenneth Ellis.

On Tuesday, the plaintiff’s attorney questioned the officers training and why he didn’t follow procedures. “If a person has a weapon and police officers order him to put it down that does not necessarily allow him to shoot,” said Kennedy. Officer Lampiris-Tremba agreed.

Officer Lampiris-Tremba said on that day in 2010, Ellis had a gun to his head, which put everyone in danger, and he had no other choice but to shoot. But prosecutors said that wasn’t the only procedure he failed to follow. “When you see someone with problems with Mr. Ellis that, your training is at some point that, hey what’s your problem? What’s going on in your life?” said Kennedy. “Yes, sir,” responded Officer Lampiris-Tremba.

Officer Lampiris-Tremba said it was obvious Ellis had some problems because he was holding a gun to his head. As for why he didn’t properly approach the situation, he said he didn’t use some of his training.

The officer was also grilled on why in the 9 minutes before the shooting he didn’t warn Ellis he was going to shoot. He said there wasn’t enough time.

“Why was it, why was it not feasible?” asked Kennedy.

“I didn’t, I didn’t, I’m not disregarding my standard operating procedure. I just didn’t think about that at the time,” said Officer Lampiris-Tremba.